August 15, 2012

REPUBLIC ACT NO. 10173

AN ACT PROTECTING INDIVIDUAL PERSONAL INFORMATION IN

INFORMATION AND COMMUNICATIONS SYSTEMS IN THE GOVERNMENT AND
THE PRIVATE SECTOR, CREATING FOR THIS PURPOSE A
NATIONAL PRIVACY COMMISSION, AND FOR OTHER PURPOSES

CHAPTER I
General Provisions
SECTION 1. Short Title. — This Act shall be known as the
"Data Privacy Act of 2012".
SECTION 2. Declaration of Policy. — It is the policy of the State to
protect the fundamental human right of privacy of communication while
ensuring free flow of information to promote innovation and growth. The
State recognizes the vital role of information and communications
technology in nation-building and its inherent obligation to ensure that
personal information in information and communications systems in the
government and in the private sector are secured and protected. TSCIEa

SECTION 3. Definition of Terms. — Whenever used in this Act, the

following terms shall have the respective meanings hereafter set forth:
(a) Commission shall refer to the National Privacy Commission
created by virtue of this Act.
(b) Consent of the data subject refers to any freely given, specific,
informed indication of will, whereby the data subject
agrees to the collection and processing of personal
information about and/or relating to him or her. Consent
shall be evidenced by written, electronic or recorded
means. It may also be given on behalf of the data subject
by an agent specifically authorized by the data subject to
do so.
(c) Data subject refers to an individual whose personal
information is processed.
(d) Direct marketing refers to communication by whatever
means of any advertising or marketing material which is
directed to particular individuals.
(e) Filing system refers to any set of information relating to
natural or juridical persons to the extent that, although the
information is not processed by equipment operating
automatically in response to instructions given for that
purpose, the set is structured, either by reference to
individuals or by reference to criteria relating to individuals,
in such a way that specific information relating to a
particular person is readily accessible.
(f) Information and Communications System refers to a system
for generating, sending, receiving, storing or otherwise
processing electronic data messages or electronic
documents and includes the computer system or other
similar device by or which data is recorded, transmitted or
stored and any procedure related to the recording,
transmission or storage of electronic data, electronic
message, or electronic document.
(g) Personal information refers to any information whether
recorded in a material form or not, from which the identity
of an individual is apparent or can be reasonably and
directly ascertained by the entity holding the information,
or when put together with other information would
directly and certainly identify an individual.
(h) Personal information controller refers to a person or
organization who controls the collection, holding,
processing or use of personal information, including a
person or organization who instructs another person or
organization to collect, hold, process, use, transfer or
disclose personal information on his or her behalf. The
term excludes: aSIHcT
 (1) A person or organization who performs such functions
as instructed by another person or organization; and
(2) An individual who collects, holds, processes or uses
personal information in connection with the
individual's personal, family or household affairs.
(i) Personal information processor refers to any natural or
juridical person qualified to act as such under this Act to
whom a personal information controller may outsource
the processing of personal data pertaining to
a data subject.
(j) Processing refers to any operation or any set of operations
performed upon personal information including, but not
limited to, the collection, recording, organization, storage,
updating or modification, retrieval, consultation, use,
consolidation, blocking, erasure or destruction of data.
(k) Privileged information refers to any and all forms
of data which under the Rules of Court and other
pertinent laws constitute privileged communication.
(l) Sensitive personal information refers to personal information:
(1) About an individual's race, ethnic origin, marital status,
age, color, and religious, philosophical or political
affiliations;
(2) About an individual's health, education, genetic or
sexual life of a person, or to any proceeding for any
offense committed or alleged to have been
committed by such person, the disposal of such
proceedings, or the sentence of any court in such
proceedings;
(3) Issued by government agencies peculiar to an
individual which includes, but not limited to, social
security numbers, previous or current health
records, licenses or its denials, suspension or
revocation, and tax returns; and
 (4) Specifically established by an executive order or
an act of Congress to be kept classified.
SECTION 4. Scope. — This Act applies to the processing of all types of
personal information and to any natural and juridical person involved in
personal information processing including those personal information
controllers and processors who, although not found or established in the
Philippines, use equipment that are located in the Philippines, or those who
maintain an office, branch or agency in the Philippines subject to the
immediately succeeding paragraph: Provided, That the requirements of
Section 5 are complied with.
This Act does not apply to the following:
(a) Information about any individual who is or was an officer or
employee of a government institution that relates to the
position or functions of the individual, including:
(1) The fact that the individual is or was an officer or
employee of the government institution;
(2) The title, business address and office telephone
number of the individual;
(3) The classification, salary range and responsibilities of
the position held by the individual; and
(4) The name of the individual on a document prepared by
the individual in the course of employment with the
government.
(b) Information about an individual who is or was performing
service under contract for a government institution that
relates to the services performed, including the terms of
the contract, and the name of the individual given in the
course of the performance of those services;
(c) Information relating to any discretionary benefit of a financial
nature such as the granting of a license or permit given by
the government to an individual, including the name of the
individual and the exact nature of the benefit;
 (d) Personal information processed for journalistic, artistic,
literary or research purposes;
(e) Information necessary in order to carry out the functions of
public authority which includes the processing of
personal data for the performance by the independent
central monetary authority and law enforcement and
regulatory agencies of their constitutionally and statutorily
mandated functions. Nothing in this Act shall be construed
as to have amended or repealed Republic Act No. 1405,
otherwise known as the Secrecy of Bank
Deposits Act; Republic Act. No 6426, otherwise known as
the Foreign Currency Deposit Act; and Republic Act No.
9510, otherwise known as the Credit Information
System Act (CISA);
(f) Information necessary for banks and other financial
institutions under the jurisdiction of the independent
central monetary authority or Bangko Sentral ng Pilipinas
to comply with Republic Act No. 9510, and Republic Act No.
9160, as amended, otherwise known as the Anti-Money
Laundering Act and other applicable laws; and
(g) Personal information originally collected from residents of
foreign jurisdictions in accordance with the laws of those
foreign jurisdictions, including any
applicable data privacy laws, which is being processed in
the Philippines.cACEHI

SECTION 5. Protection Afforded to Journalists and Their Sources. —

Nothing in this Act shall be construed as to have amended or repealed the
provisions of Republic Act No. 53, which affords the publishers, editors or
duly accredited reporters of any newspaper, magazine or periodical of
general circulation protection from being compelled to reveal the source of
any news report or information appearing in said publication which was
related in any confidence to such publisher, editor, or reporter.
 SECTION 6. Extraterritorial Application. — This Act applies to
an act done or practice engaged in and outside of the Philippines by an
entity if:
(a) The act, practice or processing relates to personal
information about a Philippine citizen or a resident;
(b) The entity has a link with the Philippines, and the entity is
processing personal information in the Philippines or even
if the processing is outside the Philippines as long as it is
about Philippine citizens or residents such as, but not
limited to, the following:
(1) A contract is entered in the Philippines;
(2) A juridical entity unincorporated in the Philippines but
has central management and control in the country;
and
(3) An entity that has a branch, agency, office or subsidiary
in the Philippines and the parent or affiliate of the
Philippine entity has access to personal information;
and
(c) The entity has other links in the Philippines such as, but not
limited to:
(1) The entity carries on business in the Philippines; and
(2) The personal information was collected or held by an
entity in the Philippines.
CHAPTER II
The National Privacy Commission
SECTION 7. Functions of the National Privacy Commission. — To
administer and implement the provisions of this Act, and to monitor and
ensure compliance of the country with international standards set
for data protection, there is hereby created an independent body to be
known as the National Privacy Commission, which shall have the following
functions:
(a) Ensure compliance of personal information controllers with
the provisions of this Act;
(b) Receive complaints, institute investigations, facilitate or
enable settlement of complaints through the use of
alternative dispute resolution processes, adjudicate,
award indemnity on matters affecting any personal
information, prepare reports on disposition of complaints
and resolution of any investigation it initiates, and, in cases
it deems appropriate, publicize any such
report: Provided, That in resolving any complaint or
investigation (except where amicable settlement is
reached by the parties), the Commission shall act as a
collegial body. For this purpose, the Commission may be
given access to personal information that is subject of any
complaint and to collect the information necessary to
perform its functions under this Act;
(c) Issue cease and desist orders, impose a temporary or
permanent ban on the processing of personal information,
upon finding that the processing will be detrimental to
national security and public interest;
(d) Compel or petition any entity, government agency or
instrumentality to abide by its orders or take action on a
matter affecting data privacy;
(e) Monitor the compliance of other government agencies or
instrumentalities on their security and technical measures
and recommend the necessary action in order to meet
minimum standards for protection of personal
information pursuant to this Act;
(f) Coordinate with other government agencies and the private
sector on efforts to formulate and implement plans and
policies to strengthen the protection of personal
information in the country;
(g) Publish on a regular basis a guide to all laws relating
to data protection;
(h) Publish a compilation of agency system of records and
notices, including index and other finding aids;
(i) Recommend to the Department of Justice (DOJ) the
prosecution and imposition of penalties specified in
Sections 25 to 29 of this Act;
(j) Review, approve, reject or require modification
of privacy codes voluntarily adhered to by personal
information controllers: Provided, That the privacy codes
shall adhere to the underlying data privacy principles
embodied in this Act: Provided, further, That
such privacy codes may include private dispute resolution
mechanisms for complaints against any participating
personal information controller. For this purpose, the
Commission shall consult with relevant regulatory
agencies in the formulation and administration
of privacy codes applying the standards set out in this Act,
with respect to the persons, entities, business activities
and business sectors that said regulatory bodies are
authorized to principally regulate pursuant to the
law: Provided, finally, That the Commission may review
such privacy codes and require changes thereto for
purposes of complying with this Act;
(k) Provide assistance on matters relating
to privacy or data protection at the request of a national or
local agency, a private entity or any person;
(l) Comment on the implication on data privacy of proposed
national or local statutes, regulations or procedures, issue
advisory opinions and interpret the provisions of
this Act and other data privacy laws;
(m) Propose legislation, amendments or modifications to
Philippine laws on privacy or data protection as may be
necessary;
(n) Ensure proper and effective coordination
with data privacy regulators in other countries and private
 accountability agents, participate in international and
regional initiatives for data privacy protection;
(o) Negotiate and contract with other data privacy authorities of
other countries for cross-border application and
implementation of respective privacy laws;
(p) Assist Philippine companies doing business abroad to
respond to foreign privacy or data protection laws and
regulations; and
(q) Generally perform such acts as may be necessary to facilitate
cross-border enforcement of data privacy protection.
SECTION 8. Confidentiality. — The Commission shall ensure at all
times the confidentiality of any personal information that comes to its
knowledge and possession. HEcSDa

SECTION 9. Organizational Structure of the Commission. — The

Commission shall be attached to the Department of Information and
Communications Technology (DICT) and shall be headed by
a Privacy Commissioner, who shall also act as Chairman of the Commission.
The Privacy Commissioner shall be assisted by two (2)
Deputy Privacy Commissioners, one to be responsible for Data Processing
Systems and one to be responsible for Policies and Planning.
The Privacy Commissioner and the two (2) Deputy Privacy Commissioners
shall be appointed by the President of the Philippines for a term of three (3)
years, and may be reappointed for another term of three (3) years.
Vacancies in the Commission shall be filled in the same manner in which
the original appointment was made.
The Privacy Commissioner must be at least thirty-five (35) years of
age and of good moral character, unquestionable integrity and known
probity, and a recognized expert in the field of information technology
and data privacy. The Privacy Commissioner shall enjoy the benefits,
privileges and emoluments equivalent to the rank of Secretary.
The Deputy Privacy Commissioners must be recognized experts in
the field of information and communications technology and data privacy.
They shall enjoy the benefits, privileges and emoluments equivalent to the
rank of Undersecretary.
 The Privacy Commissioner, the Deputy Commissioners, or any
person acting on their behalf or under their direction, shall not be civilly
liable for acts done in good faith in the performance of their duties.
However, he or she shall be liable for willful or negligent acts done by him
or her which are contrary to law, morals, public policy and good customs
even if he or she acted under orders or instructions of
superiors: Provided, That in case a lawsuit is filed against such official on
the subject of the performance of his or her duties, where such
performance is lawful, he or she shall be reimbursed by the Commission
for reasonable costs of litigation.
SECTION 10. The Secretariat. — The Commission is hereby
authorized to establish a Secretariat. Majority of the members of the
Secretariat must have served for at least five (5) years in any agency of the
government that is involved in the processing of personal information
including, but not limited to, the following offices: Social Security System
(SSS), Government Service Insurance System (GSIS), Land Transportation
Office (LTO), Bureau of Internal Revenue (BIR), Philippine Health Insurance
Corporation (PhilHealth), Commission on Elections (COMELEC),
Department of Foreign Affairs (DFA), Department of Justice (DOJ), and
Philippine Postal Corporation (Philpost).
CHAPTER III
Processing of Personal Information
SECTION 11. General Data Privacy Principles. — The processing of
personal information shall be allowed, subject to compliance with the
requirements of this Act and other laws allowing disclosure of information
to the public and adherence to the principles of transparency, legitimate
purpose and proportionality.
Personal information must be:
(a) Collected for specified and legitimate purposes determined
and declared before, or as soon as reasonably practicable
after collection, and later processed in a way compatible
with such declared, specified and legitimate purposes
only;
(b) Processed fairly and lawfully;
 (c) Accurate, relevant and, where necessary for purposes for
which it is to be used the processing of personal
information, kept up to date; inaccurate or
incomplete data must be rectified, supplemented,
destroyed or their further processing restricted;
(d) Adequate and not excessive in relation to the purposes for
which they are collected and processed;
(e) Retained only for as long as necessary for the fulfillment of
the purposes for which the data was obtained or for the
establishment, exercise or defense of legal claims, or for
legitimate business purposes, or as provided by law; and
(f) Kept in a form which permits identification of data subjects for
no longer than is necessary for the purposes for which
the data were collected and processed: Provided, That
personal information collected for other purposes may be
processed for historical, statistical or scientific purposes,
and in cases laid down in law may be stored for longer
periods: Provided, further, That adequate safeguards are
guaranteed by said laws authorizing their processing.
The personal information controller must ensure implementation of
personal information processing principles set out herein.
SECTION 12. Criteria for Lawful Processing of Personal Information.
— The processing of personal information shall be permitted only if not
otherwise prohibited by law, and when at least one of the following
conditions exists:
(a) The data subject has given his or her consent;
(b) The processing of personal information is necessary and is
related to the fulfillment of a contract with the data subject
or in order to take steps at the request of the data subject
prior to entering into a contract;
(c) The processing is necessary for compliance with a legal
obligation to which the personal information controller is
subject;
 (d) The processing is necessary to protect vitally important
interests of the data subject, including life and health;
(e) The processing is necessary in order to respond to national
emergency, to comply with the requirements of public
order and safety, or to fulfill functions of public authority
which necessarily includes the processing of
personal data for the fulfillment of its mandate; or
(f) The processing is necessary for the purposes of the legitimate
interests pursued by the personal information controller
or by a third party or parties to whom the data is disclosed,
except where such interests are overridden by
fundamental rights and freedoms of the data subject
which require protection under the Philippine
Constitution.TECIaH

SECTION 13. Sensitive Personal Information and Privileged

Information. — The processing of sensitive personal information and
privileged information shall be prohibited, except in the following cases:
(a) The data subject has given his or her consent, specific to the
purpose prior to the processing, or in the case of privileged
information, all parties to the exchange have given their
consent prior to processing;
(b) The processing of the same is provided for by existing laws
and regulations: Provided, That such regulatory
enactments guarantee the protection of the sensitive
personal information and the privileged
information: Provided, further, That the consent of
the data subjects are not required by law or regulation
permitting the processing of the sensitive personal
information or the privileged information;
(c) The processing is necessary to protect the life and health of
the data subject or another person, and the data subject is
not legally or physically able to express his or her consent
prior to the processing;
 (d) The processing is necessary to achieve the lawful and
noncommercial objectives of public organizations and
their associations: Provided, That such processing is only
confined and related to the bona fide members of these
organizations or their associations: Provided, further, That
the sensitive personal information are not transferred to
third parties: Provided, finally, That consent of
the data subject was obtained prior to processing;
(e) The processing is necessary for purposes of medical
treatment, is carried out by a medical practitioner or a
medical treatment institution, and an adequate level of
protection of personal information is ensured; or
(f) The processing concerns such personal information as is
necessary for the protection of lawful rights and interests
of natural or legal persons in court proceedings, or the
establishment, exercise or defense of legal claims, or when
provided to government or public authority.
SECTION 14. Subcontract of Personal Information. — A personal
information controller may subcontract the processing of personal
information: Provided, That the personal information controller shall be
responsible for ensuring that proper safeguards are in place to ensure the
confidentiality of the personal information processed, prevent its use for
unauthorized purposes, and generally, comply with the requirements of
this Act and other laws for processing of personal information. The
personal information processor shall comply with all the requirements of
this Act and other applicable laws.
SECTION 15. Extension of Privileged Communication. — Personal
information controllers may invoke the principle of privileged
communication over privileged information that they lawfully control or
process. Subject to existing laws and regulations, any evidence gathered on
privileged information is inadmissible.
CHAPTER IV
Rights of the Data Subject
 SECTION 16. Rights of the Data Subject. — The data subject is
entitled to:
(a) Be informed whether personal information pertaining to
him or her shall be, are being or have been processed;
(b) Be furnished the information indicated hereunder before
the entry of his or her personal information into the
processing system of the personal information controller,
or at the next practical opportunity:
(1) Description of the personal information to be entered
into the system;
(2) Purposes for which they are being or are to be
processed;
(3) Scope and method of the personal information
processing;
(4) The recipients or classes of recipients to whom they
are or may be disclosed;
(5) Methods utilized for automated access, if the same is
allowed by the data subject, and the extent to
which such access is authorized;
(6) The identity and contact details of the personal
information controller or its representative;
(7) The period for which the information will be stored;
and
(8) The existence of their rights, i.e., to access, correction,
as well as the right to lodge a complaint before the
Commission. cCTaSH

Any information supplied or declaration made to

the data subject on these matters shall not be amended
without prior notification of data subject: Provided, That
the notification under subsection (b) shall not apply should
the personal information be needed pursuant to
a subpoena or when the collection and processing are for
 obvious purposes, including when it is necessary for the
performance of or in relation to a contract or service or
when necessary or desirable in the context of an
employer-employee relationship, between the collector
and the data subject, or when the information is being
collected and processed as a result of legal obligation;
(c) Reasonable access to, upon demand, the following:
(1) Contents of his or her personal information that were
processed;
(2) Sources from which personal information were
obtained;
(3) Names and addresses of recipients of the personal
information;
(4) Manner by which such data were processed;
(5) Reasons for the disclosure of the personal information
to recipients;
(6) Information on automated processes where
the data will or likely to be made as the sole basis for
any decision significantly affecting or will affect
the data subject;
(7) Date when his or her personal information concerning
the data subject were last accessed and modified;
and
(8) The designation, or name or identity and address of the
personal information controller.
(d) Dispute the inaccuracy or error in the personal information
and have the personal information controller correct it
immediately and accordingly, unless the request is
vexatious or otherwise unreasonable. If the personal
information have been corrected, the personal
information controller shall ensure the accessibility of both
the new and the retracted information and the
 simultaneous receipt of the new and the retracted
information by recipients thereof: Provided, That the third
parties who have previously received such processed
personal information shall be informed of its inaccuracy
and its rectification upon reasonable request of
the data subject;
(e) Suspend, withdraw or order the blocking, removal or
destruction of his or her personal information from the
personal information controller's filing system upon
discovery and substantial proof that the personal
information are incomplete, outdated, false, unlawfully
obtained, used for unauthorized purposes or are no longer
necessary for the purposes for which they were collected.
In this case, the personal information controller may notify
third parties who have previously received such processed
personal information; and
(f) Be indemnified for any damages sustained due to such
inaccurate, incomplete, outdated, false, unlawfully
obtained or unauthorized use of personal information.
SECTION 17. Transmissibility of Rights of the Data Subject. — The
lawful heirs and assigns of the data subject may invoke the rights of
the data subject for, which he or she is an heir or assignee at any time after
the death of the data subject or when the data subject is incapacitated or
incapable of exercising the rights as enumerated in the immediately
preceding section.
SECTION 18. Right to Data Portability. — The data subject shall have
the right, where personal information is processed by electronic means and
in a structured and commonly used format, to obtain from the personal
information controller a copy of data undergoing processing in an
electronic or structured format, which is commonly used and allows for
further use by the data subject. The Commission may specify the electronic
format referred to above, as well as the technical standards, modalities and
procedures for their transfer.
 SECTION 19. Non-Applicability. — The immediately preceding
sections are not applicable if the processed personal information are used
only for the needs of scientific and statistical research and, on the basis of
such, no activities are carried out and no decisions are taken regarding
the data subject: Provided, That the personal information shall be held
under strict confidentiality and shall be used only for the declared purpose.
Likewise, the immediately preceding sections are not applicable to
processing of personal information gathered for the purpose of
investigations in relation to any criminal, administrative or tax liabilities of
a data subject.
CHAPTER V
Security of Personal Information
SECTION 20. Security of Personal Information. — (a) The personal
information controller must implement reasonable and appropriate
organizational, physical and technical measures intended for the
protection of personal information against any accidental or unlawful
destruction, alteration and disclosure, as well as against any other
unlawful processing.
(b) The personal information controller shall implement reasonable
and appropriate measures to protect personal information against
natural dangers such as accidental loss or destruction, and human
dangers such as unlawful access, fraudulent misuse, unlawful destruction,
alteration and contamination. SADECI

(c) The determination of the appropriate level of security under this

section must take into account the nature of the personal information to
be protected, the risks represented by the processing, the size of the
organization and complexity of its operations, current data privacy best
practices and the cost of security implementation. Subject to guidelines as
the Commission may issue from time to time, the measures implemented
must include:
(1) Safeguards to protect its computer network against
accidental, unlawful or unauthorized usage or interference
with or hindering of their functioning or availability;
 (2) A security policy with respect to the processing of personal
information;
(3) A process for identifying and accessing reasonably
foreseeable vulnerabilities in its computer networks, and
for taking preventive, corrective and mitigating action
against security incidents that can lead to a security breach;
and
(4) Regular monitoring for security breaches and a process for
taking preventive, corrective and mitigating action against
security incidents that can lead to a security breach.
(d) The personal information controller must further ensure that
third parties processing personal information on its behalf shall implement
the security measures required by this provision.
(e) The employees, agents or representatives of a personal
information controller who are involved in the processing of personal
information shall operate and hold personal information under strict
confidentiality if the personal information are not intended for public
disclosure. This obligation shall continue even after leaving the public
service, transfer to another position or upon termination of employment or
contractual relations.
(f) The personal information controller shall promptly notify the
Commission and affected data subjects when sensitive personal
information or other information that may, under the circumstances, be
used to enable identity fraud are reasonably believed to have been
acquired by an unauthorized person, and the personal information
controller or the Commission believes that such unauthorized acquisition
is likely to give rise to a real risk of serious harm to any affected data subject.
The notification shall at least describe the nature of the breach, the
sensitive personal information possibly involved, and the measures taken
by the entity to address the breach. Notification may be delayed only to the
extent necessary to determine the scope of the breach, to prevent further
disclosures, or to restore reasonable integrity to the information and
communications system.
 (1) In evaluating if notification is unwarranted, the Commission
may take into account compliance by the personal
information controller with this section and existence of
good faith in the acquisition of personal information.
(2) The Commission may exempt a personal information
controller from notification where, in its reasonable
judgment, such notification would not be in the public
interest or in the interests of the affected data subjects.
(3) The Commission may authorize postponement of notification
where it may hinder the progress of a criminal
investigation related to a serious breach.
CHAPTER VI
Accountability for Transfer of Personal Information
SECTION 21. Principle of Accountability. — Each personal
information controller is responsible for personal information under its
control or custody, including information that have been transferred to a
third party for processing, whether domestically or internationally, subject
to cross-border arrangement and cooperation.
(a) The personal information controller is accountable for
complying with the requirements of this Act and shall use
contractual or other reasonable means to provide a
comparable level of protection while the information are
being processed by a third party.
(b) The personal information controller shall designate an
individual or individuals who are accountable for the
organization's compliance with this Act. The identity of the
individual(s) so designated shall be made known to
any data subject upon request.
CHAPTER VII
Security of Sensitive Personal Information in Government
SECTION 22. Responsibility of Heads of Agencies. — All sensitive
personal information maintained by the government, its agencies and
instrumentalities shall be secured, as far as practicable, with the use of the
most appropriate standard recognized by the information and
communications technology industry, and as recommended by the
Commission. The head of each government agency or instrumentality shall
be responsible for complying with the security requirements mentioned
herein while the Commission shall monitor the compliance and may
recommend the necessary action in order to satisfy the minimum
standards.
SECTION 23. Requirements Relating to Access by Agency Personnel
to Sensitive Personal Information. — (a) On-site and Online Access —
Except as may be allowed through guidelines to be issued by the
Commission, no employee of the government shall have access to sensitive
personal information on government property or through online facilities
unless the employee has received a security clearance from the head of the
source agency.
(b)Off-site Access — Unless otherwise provided in guidelines to be
issued by the Commission, sensitive personal information maintained by
an agency may not be transported or accessed from a location off
government property unless a request for such transportation or access is
submitted and approved by the head of the agency in accordance with the
following guidelines:
(1) Deadline for Approval or Disapproval — In the case of any
request submitted to the head of an agency, such head of
the agency shall approve or disapprove the request within
two (2) business days after the date of submission of the
request. In case there is no action by the head of the
agency, then such request is considered disapproved;
(2) Limitation to One thousand (1,000) Records — If a request is
approved, the head of the agency shall limit the access to
not more than one thousand (1,000) records at a time; and
(3) Encryption — Any technology used to store, transport or
access sensitive personal information for purposes of off-
site access approved under this subsection shall be
secured by the use of the most secure encryption standard
recognized by the Commission.
 The requirements of this subsection shall be implemented not later
than six (6) months after the date of the enactment of this Act.
SECTION 24. Applicability to Government Contractors. — In entering
into any contract that may involve accessing or requiring sensitive personal
information from one thousand (1,000) or more individuals, an agency shall
require a contractor and its employees to register their personal
information processing system with the Commission in accordance with
this Act and to comply with the other provisions of this Act including the
immediately preceding section, in the same manner as agencies and
government employees comply with such requirements.
CHAPTER VIII
Penalties
SECTION 25. Unauthorized Processing of Personal Information and
Sensitive Personal Information. — (a) The unauthorized processing of
personal information shall be penalized by imprisonment ranging from one
(1) year to three (3) years and a fine of not less than Five hundred thousand
pesos (Php500,000.00) but not more than Two million pesos
(Php2,000,000.00) shall be imposed on persons who process personal
information without the consent of the data subject, or without being
authorized under this Act or any existing law. AaITCH

(b) The unauthorized processing of personal sensitive information

shall be penalized by imprisonment ranging from three (3) years to six (6)
years and a fine of not less than Five hundred thousand pesos
(Php500,000.00) but not more than Four million pesos (Php4,000,000.00)
shall be imposed on persons who process personal information without
the consent of the data subject, or without being authorized under
this Act or any existing law.
SECTION 26. Accessing Personal Information and Sensitive Personal
Information Due to Negligence. — (a) Accessing personal information due
to negligence shall be penalized by imprisonment ranging from one (1) year
to three (3) years and a fine of not less than Five hundred thousand pesos
(Php500,000.00) but not more than Two million pesos (Php2,000,000.00)
shall be imposed on persons who, due to negligence, provided access to
personal information without being authorized under this Act or any
existing law.
(b) Accessing sensitive personal information due to negligence shall
be penalized by imprisonment ranging from three (3) years to six (6) years
and a fine of not less than Five hundred thousand pesos (Php500,000.00)
but not more than Four million pesos (Php4,000,000.00) shall be imposed
on persons who, due to negligence, provided access to personal
information without being authorized under this Act or any existing law.
SECTION 27. Improper Disposal of Personal
Information and Sensitive Personal Information. — (a) The improper
disposal of personal information shall be penalized by imprisonment
ranging from six (6) months to two (2) years and a fine of not less than One
hundred thousand pesos (Php100,000.00) but not more than Five hundred
thousand pesos (Php500,000.00) shall be imposed on persons who
knowingly or negligently dispose, discard or abandon the personal
information of an individual in an area accessible to the public or has
otherwise placed the personal information of an individual in its container
for trash collection.
(b) The improper disposal of sensitive personal information shall be
penalized by imprisonment ranging from one (1) year to three (3) years and
a fine of not less than One hundred thousand pesos (Php100,000.00) but
not more than One million pesos (Php1,000,000.00) shall be imposed on
persons who knowingly or negligently dispose, discard or abandon the
personal information of an individual in an area accessible to the public or
has otherwise placed the personal information of an individual in its
container for trash collection.
SECTION 28. Processing of Personal Information and
Sensitive Personal Information for Unauthorized Purposes. — The
processing of personal information for unauthorized purposes shall be
penalized by imprisonment ranging from one (1) year and six (6) months to
five (5) years and a fine of not less than Five hundred thousand pesos
(Php500,000.00) but not more than One million pesos (Php1,000,000.00)
shall be imposed on persons processing personal information for purposes
not authorized by the data subject, or otherwise authorized under
this Act or under existing laws.
 The processing of sensitive personal information for unauthorized
purposes shall be penalized by imprisonment ranging from two (2) years to
seven (7) years and a fine of not less than Five hundred thousand pesos
(Php500,000.00) but not more than Two million pesos (Php2,000,000.00)
shall be imposed on persons processing sensitive personal information for
purposes not authorized by the data subject, or otherwise authorized
under this Act or under existing laws.
SECTION 29. Unauthorized Access or Intentional Breach. — The
penalty of imprisonment ranging from one (1) year to three (3) years and a
fine of not less than Five hundred thousand pesos (Php500,000.00) but not
more than Two million pesos (Php2,000,000.00) shall be imposed on
persons who knowingly and unlawfully, or violating data confidentiality and
security data systems, breaks in any way into any system where personal
and sensitive personal information is stored.
SECTION 30. Concealment of Security Breaches Involving Sensitive
Personal Information. — The penalty of imprisonment of one (1) year and
six (6) months to five (5) years and a fine of not less than Five hundred
thousand pesos (Php500,000.00) but not more than One million pesos
(Php1,000,000.00) shall be imposed on persons who, after having
knowledge of a security breach and of the obligation to notify the
Commission pursuant to Section 20 (f), intentionally or by omission
conceals the fact of such security breach.
SECTION 31. Malicious Disclosure. — Any personal information
controller or personal information processor or any of its officials,
employees or agents, who, with malice or in bad faith, discloses
unwarranted or false information relative to any personal information or
personal sensitive information obtained by him or her, shall be subject to
imprisonment ranging from one (1) year and six (6) months to five (5) years
and a fine of not less than Five hundred thousand pesos (Php500,000.00)
but not more than One million pesos (Php1,000,000.00).
SECTION 32. Unauthorized Disclosure. — (a) Any personal
information controller or personal information processor or any of its
officials, employees or agents, who discloses to a third party personal
information not covered by the immediately preceding section without the
consent of the data subject, shall be subject to imprisonment ranging from
one (1) year to three (3) years and a fine of not less than Five hundred
thousand pesos (Php500,000.00) but not more than One million pesos
(Php1,000,000.00).
(b) Any personal information controller or personal information
processor or any of its officials, employees or agents, who discloses to a
third party sensitive personal information not covered by the immediately
preceding section without the consent of the data subject, shall be subject
to imprisonment ranging from three (3) years to five (5) years and a fine of
not less than Five hundred thousand pesos (Php500,000.00) but not more
than Two million pesos (Php2,000,000.00).
SECTION 33. Combination or Series of Acts. — Any combination or
series of acts as defined in Sections 25 to 32 shall make the person subject
to imprisonment ranging from three (3) years to six (6) years and a fine of
not less than One million pesos (Php1,000,000.00) but not more than Five
million pesos (Php5,000,000.00). SCaTAc

SECTION 34. Extent of Liability. — If the offender is a corporation,

partnership or any juridical person, the penalty shall be imposed upon the
responsible officers, as the case may be, who participated in, or by their
gross negligence, allowed the commission of the crime. If the offender is a
juridical person, the court may suspend or revoke any of its rights under
this Act. If the offender is an alien, he or she shall, in addition to the
penalties herein prescribed, be deported without further proceedings after
serving the penalties prescribed. If the offender is a public official or
employee and he or she is found guilty of acts penalized under Sections 27
and 28 of this Act, he or she shall, in addition to the penalties prescribed
herein, suffer perpetual or temporary absolute disqualification from office,
as the case may be.
SECTION 35. Large-Scale. — The maximum penalty in the scale of
penalties respectively provided for the preceding offenses shall be imposed
when the personal information of at least one hundred (100) persons is
harmed, affected or involved as the result of the abovementioned actions.
SECTION 36. Offense Committed by Public Officer. — When the
offender or the person responsible for the offense is a public officer as
defined in the Administrative Code of the Philippines in the exercise of his
or her duties, an accessory penalty consisting in the disqualification to
occupy public office for a term double the term of criminal penalty imposed
shall be applied.
SECTION 37. Restitution. — Restitution for any aggrieved party shall
be governed by the provisions of the New Civil Code.
CHAPTER IX
Miscellaneous Provisions
SECTION 38. Interpretation. — Any doubt in the interpretation of
any provision of this Act shall be liberally interpreted in a manner mindful
of the rights and interests of the individual about whom personal
information is processed.
SECTION 39. Implementing Rules and Regulations (IRR). — Within
ninety (90) days from the effectivity of this Act, the Commission shall
promulgate the rules and regulations to effectively implement the
provisions of this Act.
SECTION 40. Reports and Information. — The Commission shall
annually report to the President and Congress on its activities in carrying
out the provisions of this Act. The Commission shall undertake whatever
efforts it may determine to be necessary or appropriate to inform and
educate the public of data privacy, data protection and fair information
rights and responsibilities.
SECTION 41. Appropriations Clause. — The Commission shall be
provided with an initial appropriation of Twenty million pesos
(Php20,000,000.00) to be drawn from the national government.
Appropriations for the succeeding years shall be included in the General
Appropriations Act. It shall likewise receive Ten million pesos
(Php10,000,000.00) per year for five (5) years upon implementation of
this Act drawn from the national government.
SECTION 42. Transitory Provision. — Existing industries, businesses
and offices affected by the implementation of this Act shall be given one
(1) year transitory period from the effectivity of the IRR or such other
period as may be determined by the Commission, to comply with the
requirements of this Act.
 In case that the DICT has not yet been created by the time the law
takes full force and effect, the National Privacy Commission shall be
attached to the Office of the President.
SECTION 43. Separability Clause. — If any provision or part hereof is
held invalid or unconstitutional, the remainder of the law or the provision
not otherwise affected shall remain valid and subsisting.
SECTION 44. Repealing Clause. — The provision of Section 7
of Republic Act No. 9372, otherwise known as the "Human Security Act of
2007", is hereby amended. Except as otherwise expressly provided in
this Act, all other laws, decrees, executive orders, proclamations and
administrative regulations or parts thereof inconsistent herewith are
hereby repealed or modified accordingly.
SECTION 45. Effectivity Clause. — This Act shall take effect fifteen
(15) days after its publication in at least two (2) national newspapers of
general circulation.
Approved: August 15, 2012.
Published in The Philippine Star on August 24, 2012.
||| (Data Privacy Act of 2012, Republic Act No. 10173, [August 15, 2012])